A society is an association of people who have agreed to work together to achieve a shared goal. Societies are often registered to support charitable causes such as sports, music, religion, culture, education and art. The procedure of society registration in India and running a society is governed by The Societies Registration Act of 1860.
The law outlines specific steps for registering and operating a society and was established with the aim of establishing legal guidelines for society registration that promotes literature, fine arts, science and spreading awareness for various beneficial purposes. The Societies Registration Act of 1860 has been adopted by many state governments, either as is or with certain changes.
Advantages of Society Registration in India
Society registration in India offers numerous benefits, including the following:
1. Legal Entity Status:
Upon registration, a society becomes a recognised legal entity, separate from its members.
2. Property Rights:
Registered societies can buy, sell, lease and rent property, enjoying full property-related privileges.
3. Continuity:
The society’s existence persists despite changes in membership, ensuring its ongoing identity.
4. Tax Exemptions:
Registered societies may qualify for Income Tax exemptions, creating financial advantages.
5. Liability and Debts:
Members are liable for a society’s debts and obligations if incurred lawfully.
6. Limited Liability:
Members are liable only for debts related to pursuing legitimate financial gains.
7. Compliance Assurance:
Incorporated societies adhere to minimum standards mandated by the Incorporated Societies Act, securing members’ interests.
8. Bank Accounts:
Registered societies can establish bank accounts in their name, simplifying financial transactions.
9. Credibility:
Society registration gives recognition in front of forums and authorities to the association, enhancing credibility.
Purpose of Society Registration in India
Society registration serves various objectives, such as the advancement of fine arts, science, literature and the dissemination of valuable knowledge. It can also be employed for charitable endeavours and political education. Section 20 of the Societies Registration Act, 1860, outlines the permitted purposes for which society registration can be taken:
1. Promotion of Fine Arts
This includes supporting and promoting various forms of artistic expression and creativity.
2. Diffusion of Political Education
Societies can be formed to educate and inform the public about political matters.
3. Grant of Charitable Assistance
Societies can engage in charitable activities and provide assistance to those in need.
4. Promotion of Science and Literature
Societies can contribute to the advancement of scientific knowledge and literary endeavours.
5. Creation of Military Orphan Funds
Societies can establish funds for the welfare of orphaned children of military personnel.
6. Maintenance or Foundation of Galleries or Public Museums
Societies can be involved in maintaining galleries and museums for public education and enjoyment.
7. Maintenance or Foundation of Reading Rooms or Libraries
Societies can establish and maintain spaces for reading and learning.
8. Promotion or Diffusion of Instruction of Useful Knowledge
Societies can focus on spreading practical and beneficial knowledge to the community.
9. Collections of Natural History
Societies can curate and manage collections related to the natural world and its history.
10. Collections of Mechanical and Philosophical Inventions, Designs or Instruments
Societies can gather and showcase inventions, designs and instruments of mechanical and philosophical significance.
Factors to be Considered for Society Registration in India
The following points need to be factored in for society registration in India:
Formation and Eligibility
A society in India can be established by a group of 7 or more individuals. Beyond Indian citizens, companies, foreigners and registered societies are also permitted to register their association through a Memorandum of Association.
Registration Options
Similar to partnership firms, a society can exist in an unregistered or registered state. However, only registered societies are entitled to own properties collectively and initiate or face legal proceedings as a society.
Administrative Authority
The process of society registration is overseen by state governments. Consequently, the application for society registration needs to be submitted to the relevant authority within the state where the society’s registered office is situated.
Documents Required for Society Registration in India
To successfully register a society in India, the following documents are necessary:
1. PAN Card:
All proposed society members need to submit their PAN cards along with the application.
2. Residence Proof:
Valid residence proof for all society members must also be provided. Acceptable documents include:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving Licence
- Passport
3. Memorandum of Association:
This document outlines essential details about the society, including:
- Objectives and purpose of establishing the society
- Member details
- Registered office address
4. Rules & Regulations of the Society:
These rules govern the functioning of the society and cover aspects like:
- Operational regulations and day-to-day activities
- Membership criteria
- Meeting schedules and procedures
- Auditors’ information
- Dispute resolution methods
- Dissolution procedures
Any amendments to these rules will require signatures from the President, Chairman, Vice President and Secretary of the Society.
5. Cover Letter:
A signed letter explaining the purpose behind forming the society, endorsed by all founding members.
6. Proof of Address:
A copy of the address where the society’s registered office is to be located, with a No Objection Certificate from the landlord if applicable.
7. List of Members:
A list of governing body members along with their signatures.
8. Declaration:
A declaration by the proposed society’s president stating their willingness and suitability for the role.
These documents, in duplicate, should be submitted to the Registrar of Societies along with the required fees. The registrar will acknowledge receipt by signing one copy and returning it while keeping the second copy for approval. Once the documents are thoroughly reviewed, the registrar will issue an Incorporation Certificate containing a registration number.
Furthermore, the signed Rules & Regulations and Memorandum should be filed with the relevant society or state registrar, accompanied by the prescribed fee. Upon satisfactory review, the registrar will grant certification of the society’s registration.
Detailed Procedure of Society Registration in India
For successfully undertaking the procedure of society registration in India, the following steps need to be followed:
Step 1: Choose a Unique Name
Begin by selecting a distinct and exclusive name for your proposed society. Make sure it’s not too similar to any other registered society or corporate entity. If you decide on an existing name, obtain written consent from the original party and present it to the Registrar.
Step 2: Draft the Memorandum of Association
Each founding member should sign the Memorandum of Association (MOA) along with the Rules and Regulations of the society. The signing should be witnessed by a Notary Public, Chartered Accountant, Oath Commissioner, Gazetted Officer, First Class Magistrate or Advocate with their official stamp and complete address.
The MOA must include the following clauses:
- Name of the Society.
- Objectives of the Society.
- Registered office address.
- Details (names, occupations, addresses) of the Executive or Governing Body.
Step 3: Prepare Necessary Documents
Assemble essential documents such as a Cover Letter, Minutes of the Meeting, Declaration and ID Proofs, as mandated by the Societies Registration Act, 1860.
Step 4: Submit Documents to the Registrar
Submit your compiled documents along with the required fee to the relevant Registrar in the state. If your provided information is valid and in order, the Registrar will approve your society’s registration. You can track the registration status on the official website of the Ministry of Corporate Affairs. Usually, the registration process takes around one month.
Compliance Requirements After Procedure of Society Registration in India
Once your society is registered, there are several important compliances to adhere to in order to maintain legal and operational standing of the society. These include:
1. Annual Income Tax Filing:
File annual income tax returns as required by the tax authorities.
2. GST Registration (if applicable):
If your society’s activities fall under the scope of Goods and Services Tax (GST), ensure proper GST registration and compliance.
3. PAN Card:
Obtain a Permanent Account Number (PAN) card for your society. This is important for financial transactions and legal compliance.
4. Bookkeeping and Accounts:
Maintain accurate financial records and perform regular bookkeeping to ensure transparency and accountability.
5. Bank Account:
Open a bank account in the society’s name for smooth financial operations.
6. Professional Tax Registration (if applicable):
Depending on the activities and number of employees, you may need to register for professional tax and fulfil related compliance requirements.
7. Registrar of Firms (RoF) Compliance:
- File Annual General Meeting resolutions with the Registrar of Firms.
- Disclose financial accounts as required by the Registrar.
- Submit an updated member list to the Registrar of Firms.
Final Thoughts
The procedure of society registration in India and maintaining a society involves detailed attention to legal formalities and ongoing compliance. Society registration empowers entities with distinct legal status, property rights and financial advantages. Through careful steps like selecting a unique name, drafting necessary documents and submitting to the Registrar, a society gains recognition and credibility.
However, post-registration responsibilities such as annual tax filing, maintaining accounts, adhering to GST and professional tax requirements and fulfilling obligations to the Registrar of Firms are also considered vital for sustained legal and operational standing of the society after registration in India. Ensuring these compliances guarantees a society’s continued growth and positive impact on the community.
For more information on what is the procedure of Society Registration in India, connect with our experts at StartupFino.
